1. About these terms
These VMax Broker Terms and Conditions (the "Broker Terms") are an agreement between you and Apex NFT Card Services, LLC ("Apex", "we", "us"), which operates VMax Brokers, the broker house for Land Titles in The Realm. The Realm is developed by Alchemy Studios, LLC.
The Broker Terms add to the Apex Terms of Service and Privacy Policy, which still apply. If they conflict on a broker matter, the Broker Terms control.
You accept the Broker Terms by ticking the acceptance boxes on your broker application. We record the version you accepted and when. We may update the Broker Terms; material changes take effect 30 days after we notify you, and continuing to act as a broker after that means you accept them.
2. What Land Titles are
Land Titles are digital collectibles for use inside The Realm, recorded as NFTs on the Polygon network. They are not investments, securities, shares, real property or claims on any real-world land or business.
- No Land Title carries any promise of value, appreciation, income, resale or profit, from us or anyone else.
- Prices on Parcels and VMax are set for use and enjoyment inside The Realm, not as a market forecast.
- You buy, hold and sell Land Titles for your own use and collecting. You should not apply to be a broker expecting to earn a profit from our efforts.
3. Who can be a broker
To apply and to stay a broker you must:
- Be at least 18 and able to enter a binding contract where you live.
- Pass Apex identity verification (KYC), and keep it complete and current.
- If you broker through a registered business, pass Apex business verification (KYB) for the business and its owners, if you have not already. Individuals brokering in their own name with no registered business are exempt from KYB.
- Not be on any sanctions list, and not live in a country where we cannot offer the service.
- Give true, complete information and keep it up to date.
One Broker Profile per person or business. An approved broker is issued a VMax Broker virtual card; a physical VMax Broker card may be offered later. The card stays subject to the Apex card terms and our partner bank's approval.
4. Application, approval and the broker fee
You apply from your Apex member dashboard, choose a broker name and accept these Broker Terms. We review every application and may approve or decline it at our discretion; we do not have to give a reason.
Once approved, you pay a one-time broker fee of $199 (USD) by card. The fee includes issuing your VMax Broker virtual card. Your Broker Profile becomes active when the fee is received. The fee is not refundable once your profile is active, except where the law requires a refund.
Your broker name must be your own or your business's, and must not copy, imitate or suggest a link with another person, brand, Apex, The Realm or Alchemy Studios. We may ask you to change a name that breaks this rule.
Gold VMax Broker card. Once 100 Land Titles listed under your broker name have sold on VMax, you may apply for a Gold VMax Broker card, or we may grant one to you. Sales count only when completed, paid and not refunded or reversed, and sales between you and people acting with you do not count. Gold status is subject to your profile being in good standing, and to our partner bank's approval of the card.
5. Dealer price, listings and fees
Active brokers buy Land Titles in Parcels at a dealer price, currently 25% off the Parcels price. The dealer price is a trade price for approved brokers; we may change it for all brokers or for one broker, with notice before it applies to your next purchase.
You may list Land Titles you hold in your Realm vault on VMax under your broker name. You set your own asking price. There is no guarantee that any listing will sell, at any price.
- Broker house fee: 5% of the sale price, paid to VMax Brokers (Apex).
- Creator royalty: 5% of the sale price, paid to Alchemy Studios, LLC.
Both fees are deducted from the sale price before your payout. Card processing costs are included in the broker house fee.
6. How brokers must act
As a broker you agree to:
- Describe Land Titles accurately, as collectibles for use inside The Realm.
- Never claim or suggest that a Land Title will rise in value, earn income, or return a profit, in listings, messages, ads or social media.
- Never call Land Titles an investment, a security, real estate or a share in Apex, ZenChip PRIME, The Realm or Alchemy Studios.
- Not trade with yourself or with people acting with you to set false prices (wash trading), and not coordinate prices with other brokers.
- Not use VMax to move money for anyone else, or for any illegal purpose, and cooperate with our anti-money-laundering checks.
- Use only Apex, VMax and The Realm names and logos as we allow, and never suggest you are our employee or agent.
You are an independent broker, responsible for your own conduct and your own taxes.
Your statements are your own. Apex NFT Card Services, LLC, VMax Brokers, Alchemy Studios, LLC, ZenChip PRIME Corp. and their officers, staff and partners are not responsible for any promise, claim or suggestion, spoken or written, stated or implied, that a broker makes about reselling Land Titles, their value or any profit. You agree to indemnify and hold all of them harmless from any claim, loss, fine or cost (including reasonable legal fees) that arises from your statements, your listings or your breach of these Broker Terms.
Discipline. If you call Land Titles an investment, promise or imply a resale or profit, or act outside these guidelines, we will take disciplinary action. Depending on how serious or repeated the breach is, this can be a written warning, removal of listings, loss of the dealer price, or suspension of your Broker Profile and Apex account, temporarily or permanently. We may also report the conduct where the law requires.
7. Payouts and taxes
When one of your listings sells, your share (the sale price less the fees in section 5) is paid out to you.
- Today: payouts are made through Stripe to the bank account you connect in your Stripe payout setup.
- When card funding opens: payouts will go to the Apex card you choose in your Broker Profile, including VMax-issued virtual cards. Card funding is provided by our partner bank and depends on its approval.
We may hold a payout while a sale is checked for fraud, a refund or a chargeback. You are responsible for reporting your sales and paying any taxes on them. Where the law requires, we will collect your tax details and report your payouts to the tax authorities.
8. Suspension and ending your Broker Profile
We may suspend or close a Broker Profile, and remove its listings, if:
- you break these Broker Terms or the Apex Terms of Service;
- your identity or business verification lapses or fails;
- we suspect fraud, money laundering, wash trading or misleading listings; or
- the law, our partner bank or a regulator requires it.
We will tell you why unless the law prevents it. While suspended you cannot buy at the dealer price or list on VMax; Land Titles you hold stay in your Realm vault and remain yours.
You may close your Broker Profile at any time from your dashboard or by contacting us. Closing it ends the dealer price and removes your open listings. The broker fee is not refunded when a profile is closed or suspended for a breach.
9. No offer to sell securities: broker acknowledgement
This is a separate acknowledgement. Every applicant must accept it, with its own tick box, before a Broker Profile is granted. By accepting, you acknowledge and agree that:
- Nothing on VMax, Parcels, The Realm, the Apex sites or in any message from us is an offer to sell, or a solicitation of an offer to buy, any security, investment contract or financial product, in any country.
- Land Titles, Broker Profiles, the dealer price and VMax listings are not securities, and do not give you any ownership, equity, profit share, dividend, revenue share or voting right in Apex NFT Card Services, LLC, ZenChip PRIME Corp., Alchemy Studios, LLC, The Realm or any related company.
- Holding ZenChip PRIME shares, Coin of The Realm or any other asset does not entitle you to a Broker Profile, a Land Title or a dealer price, and a Broker Profile does not entitle you to any of those.
- You are not relying on any statement by us, our staff or other brokers about future value, demand, resale or profit.
- You will not offer or describe Land Titles to anyone as an investment or a security, and you will not pool money from others to buy Land Titles for resale.
- If any regulator decides an activity on VMax needs registration or a licence, we may pause or change that activity at once, and you will stop it when we ask.
10. Liability, changes and contact
VMax, Parcels and The Realm are provided as they are. To the extent the law allows, we are not liable for lost profits, lost opportunities, or a change in the price or popularity of any Land Title. Our total liability to you under these Broker Terms is limited to the broker fee you paid. Nothing here limits liability that the law does not allow us to limit.
These Broker Terms are governed by the laws of the State of Florida, USA, and disputes are resolved in the courts of Orange County, Florida, unless the law where you live gives you other rights.
Questions about these Broker Terms: support@apexneocard.com.